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Home   Programs Corrections Protection against high-risk offenders Peace bonds
Section 810 peace bonds are preventative court orders requiring an individual to agree to specific conditions to keep the peace. These instruments are available to police to protect the public before a criminal offence has been committed. First appearing in the Canadian Criminal Code in 1892, they were a codified version of the common law peace bond available to magistrates to order individuals likely to commit property offences to “keep the peace”. The instrument has evolved to also target individuals who are likely to commit violent or sexual offences.
In recent years, specialized forms of the section 810 peace bond have been created through amendments to the Criminal Code. In 1993, section 810.1 was added targeting individuals who police fear may commit a sex offence against someone under the age of 14 years. This provision requires the court, where satisfied on reasonable grounds of the fear that the individual will commit a sexual offence against a child, to order the individual to agree to be bound by specific conditions that restrict the person’s movements and behaviour, especially in areas where children are known to be present such as playgrounds and schools. In 1997, Bill C-55 came into effect significantly toughening the Dangerous Offender provisions of the Criminal Code, as well as creating a new peace bond provision, section 810.2. This peace bond focuses on individuals that appear likely to commit violent or sexual offences. Both 810.1 and 810.2 are designed to be preventative and not punitive. It is not necessary for an offender to have committed a criminal offence in order for a judge to make an order against the individual. 
Ordinarily, police and/or provincial crown attorneys apply for sections 810.1 and 810.2 of the Criminal Code. If so ordered by the court, the application must be signed by the individual. In order to grant a section 810, the evidence must be brought in front of a provincial court judge. The court can hear many types of evidence, and can order the offender to be brought before it to respond. Police may also obtain an arrest warrant to ensure attendance. An application can be brought against an individual currently in prison for a previous offence. There are no procedurally geographical restrictions within the provisions; therefore, if a court allows the application, it is enforceable throughout Canada. A breach of any condition of a peace bond is a criminal offence under section 811, and can be prosecuted in any provincial or territorial court with criminal jurisdiction.
Where granted, the order binds the individual to specific conditions felt reasonable in the circumstances to protect specific individuals or the general public. Such conditions typically include: regular reporting requirements to police or correctional authorities; weapon prohibitions; close monitoring of the individual’s activity and prohibitions against being within a specific distance of any place such as schools. Other potential restrictions, such as electronic monitoring or curfew, are also possible. Once granted, the peace bond is in effect for up to 12 months, and may be renewed by police by application to a court.
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